Directions: Copy/paste the public records request below into a 'clean' email. Fill in the info for your county. Notice: the NC state statutes/admin code is referenced below the letter. Please send ASAP before Election Day, Oct 10th, 2023. If you don't get an answer within a few days, follow up with a phone call and another email. We need a paper trail. Thanks.
ATTN: ______ County Board of Elections Director
Address
Date submitted
From: Your first & last name
Address
Email
Phone
Cc: Board of Elections Members Their names and emails (find them on your local BOE website.
Dear Board of Elections Director and Board of Election Members:
On Election Day and night, October 10th, 2023, poll observers in our county will be at the polls to witness the boot-up of the tabulator/scanner and the shut-down (tabulation) of the scanner/tabulator.
I believe that as a member of the public, laws and NCSBE directives cited below, we have the right to enter this precinct voting enclosure at two separate times on election day:
Before the polls open to witness the boot-up of the scanner/tabulator, observe that there are no ballots in the bin or emergency bin, and to view and photograph the zero tape.
2. After the polls close on election night to witness the shut-down (tabulation) of the scanner/tabulator and photograph/take video of the poll tapes with zero tapes attached. The public may enter after the last voter has placed their ballot into the scanner/tabulator and the chief judge announces that the polls are closed. I am also requesting a digital copy of all poll tape information generated by tabulation machines operated by the county board of elections upon closure of the October 10th, 2023 election. These records are needed as soon as possible, so that our election integrity team can complete its review and analysis of machine counts prior to post-election canvass set for the October 17th, 2023. According to the ACLU, during any public process, my constitutional right to photograph/video is allowed. The only prohibition on photo/video in NC is of a voted ballot or of a person voting. Since no voters are present in the voting enclosure at either time and no voted ballots would be in open sight at either time, I do not believe that there are NC legal restrictions on photography/videography during these publicly observable processes. NM 2022-14 states that no photography/videography is allowed during these processes, however, this is a change in guidance from last election and there have been no new rules or laws passed that would affect this guidance We do not anticipate the need for election officials to redact any information contained on the poll tapes. At minimum these tapes should include the machine serial number, firmware/software version, and the final count of votes for each candidate and election on the ballot for that tabulator. The Poll Observers will stand out of the way as not to interfere with any election process and will quietly observe. Please see below for the Public Observation Laws for your reference. Thank you for your time and consideration. I look forward to your reply. Sincerely, Your name PUBLIC OBSERVATION LAWS NC General Statutes, NC Administrative Code, Numbered Memos & NC STEPPS Manual NC General Statutes § 163-182.2. Initial counting of official ballots. (a) The initial counting of official ballots shall be conducted according to the following principles: (1) Vote counting at the precinct shall occur immediately after the polls close and shall be continuous until completed. (2) Vote counting at the precinct shall be conducted with the participation of precinct officials of all political parties then present. Vote counting at the county board of elections shall be conducted in the presence or under the supervision of board members of all political parties then present. (3) Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots. OPENING OF PRECINCT POLLING LOCATIONS: NC Administrative Code 08 NCAC 04 .0304 a. Prior to the opening of the polls, the precinct officials shall open the voting system and examine the ballot for accuracy and examine the counters or other method to determine there is a zero balance. Any persons interested in viewing this procedure may observe but shall not interfere or impede the process. If the system prints a zero tape or other paper document, the document shall be maintained and secured in the manner prescribed by the manufacturer and the county board of elections. CLOSING OF PRECINCT POLLING LOCATIONS: NC Administrative Code 08 NCAC 10B .0105 (h) The counting of the ballots shall be made in the presence of the precinct election officials and witnesses and observers who are present and desire to observe the count. (i) As soon as the votes have been counted and the precinct returns certified, the chief judge, or one of the judges selected by the chief judge, shall do the following: (1) report the total precinct vote for each ballot item to the witnesses and observers who are present. 08 NCAC 06B .0105 (d) When the counting is completed the chief judge or his or her designee shall verbally announce the results at the precinct. Numbered Memo 2022-14 For absentee voting (including one-stop), when the results are tallied on one-stop and absentee- by-mail tabulators and announced after the close of the polls on Election Day at the county board office, members of the public may witness those procedures. It is a good practice to also post absentee tabulator results tapes for inspection at the county board office in a similar fashion. Any member of the public is permitted to photograph or video any posted results tapes—when the tapes are posted, the counting process is no longer ongoing. NC STEPPS Manual STEPPS Manual: Ballot Counting 7. Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots. The precinct facility should not be locked so as to prevent public access to the count.
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